Development Assessment Panel

 

Business Paper

 

date of meeting:

 

Wednesday 27 February 2019

location:

 

Function Room

Port Macquarie-Hastings Council

17 Burrawan Street

Port Macquarie

time:

 

2:00pm

 


Development Assessment Panel

 

CHARTER

 


 

 

1.0     OBJECTIVES

 

To assist in managing Council's development assessment function by providing independent and expert determinations of development applications that fall outside of staff delegations.

 

 

2.0     KEY FUNCTIONS

 

·                To review development application reports and conditions;

·                To determine development  applications  outside  of staff delegations;

·                To  refer development  applications to  Council for  determination  where necessary;

·                To provide a forum for objectors and applicants to make submissions on applications before  the Development Assessment Panel (DAP);

·                To maintain transparency in the determination of development applications.

 

Delegated Authority of Panel

 

Pursuant to Section 377 of the Local Government Act, 1993 delegation to:

·                Determine development applications under Part 4 of the Environmental Planning and Assessment Act 1979 having regard to the relevant environmental planning instruments, development control plans and Council policies.

·                Vary, modify or release restrictions as to use and/or covenants created by Section 88B instruments under the Conveyancing Act 1919 in relation to development applications for subdivisions being considered by the panel.

·                Determine Koala Plans of Management under State Environmental Planning Policy 44 - Koala Habitat Protection associated with development applications being considered by the Panel.

 

Noting the trigger to escalate decision making to Council as highlighted in section 5.2.

 

 

3.0      MEMBERSHIP

 

3.1      Voting Members

 

·                Two independent external members. One of the independent external members to be the Chairperson.

·                Group Manager Development Assessment (alternate - Director Development & Environment or Development Assessment Planner)

 

The independent external members shall have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, government and public administration.

 

3.2      Non-Voting Members

 

·                Not applicable

3.3      Obligations of members

 

·                Members must act faithfully and diligently and in accordance with    this Charter.

·                Members must comply with Council's Code of Conduct.

·                Except as required to properly perform their duties, DAP members must not disclose any confidential information (as advised by Council) obtained in connection with the DAP functions.

·                Members will have read and be familiar with the documents and information provided by Council prior to attending a DAP                                              meeting.

·                Members must act in accordance with Council's Workplace Health and Safety Policies and Procedures

·                External members of the Panel are not authorised to speak to the media on behalf of Council. Council officers that are members of the Committee are bound by the existing operational delegations in relation to speaking to the media.

·                Staff members shall not vote on matters before the Panel if they have been the principle author of the development assessment report.

 

3.4      Member Tenure

 

·                The independent external members will be appointed for the term of four (4) years maximum in which the end of the tenure of these members would occur in a cascading arrangement.

 

3.5      Appointment of members

 

·                The independent external members (including the Chair) shall be appointed by the General Manager following an external Expression of Interest process.

·                Staff members of the Panel are in accordance with this Charter.

 

 

4.0     TIMETABLE OF MEETINGS

 

·                The Development Assessment Panel will generally meet on the 1st and 3rd Wednesday each month at 2.00pm at the Port Macquarie offices of Council.

·                Special Meetings of the Panel may be convened by the Director Development & Environment Services with three (3) days notice.

 

 

5.0      MEETING PRACTICES

 

5.1      Meeting Format

 

·                At all Meetings of the Panel the Chairperson shall occupy the Chair and preside. The Chair will be responsible for keeping of order at meetings.

·                Meetings shall be open to the   public.

·                The Panel will hear from applicants and objectors or their r e p r e s e n t a t i v e s .

·                Where considered necessary, the Panel will conduct site inspections which will be open to the public.

 

5.2      Decision Making

 

·                Decisions are to be made by consensus. Where consensus is not possible on any item, that item is to be referred to Council for a decision.

·                All development applications involving a proposed variation to a development standard greater than 10% under Clause 4.6 of the Local Environmental Plan will be considered by the Panel and recommendation made to the Council for a decision.

 

5.3      Quorum

 

·                All members (2 independent external members and 1 staff member) must be present at a meeting to form a quorum.

 

5.4      Chairperson and Deputy Chairperson

 

·                Independent Chair (alternate, second independent member)

 

5.5     Secretariat

 

·                The Director Development &n Environment is to be responsible for ensuring that the Panel has adequate secretariat support. The secretariat will ensure that the business paper and supporting papers are circulated at least three (3) days prior to each meeting. Minutes shall be appropriately approved and circulated to each member within three (3) weeks of a meeting being held.

·                The format of and the preparation and publishing of the Business Paper and Minutes shall be similar to the format for Ordinary Council Meetings.

 

5.6      Recording of decisions

 

·                Minutes will record decisions and how each member votes for each item before the Panel.

 

 

6.0     CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

 

Not applicable.

 

 

7.0     CONFIDENTIALITY AND CONFLICT OF INTEREST

 

·                Members of the Panel must comply with the applicable provisions of Council’s Code of Conduct. It is the personal responsibility of members to comply with the standards in the Code of Conduct and regularly review their personal circumstances with this in mind.

·                Panel members must declare any conflict of interests at the start of each meeting or before discussion of a relevant item or topic. Details of any conflicts of interest should be appropriately minuted. Where members are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from deliberations on the issue where the conflict of interest may exist. A Panel meeting may be postponed where there is no quorum.

 

 

8.0     LOBBYING

 

·                All members and applicants are to adhere to Council’s Lobbying policy. Outside of scheduled Development Assessment Panel meetings, applicants, their representatives, Councillors, Council staff and the general public are not to lobby Panel members via meetings, telephone conversations, correspondence and the like. Adequate opportunity will be provided at Panel inspections or meetings for applicants, their representatives and the general public to make verbal submissions in relation to Business Paper items.


Development Assessment Panel

 

ATTENDANCE REGISTER

 

 

 

Member

28/11/18

05/12/18

19/12/18

23/01/19

13/02/19

Paul Drake

P

P

P

P

P

Robert Hussey

P

P

A

P

P

David Crofts

(alternate member)

 

 

P

 

 

Dan Croft

(Acting Director Development & Environment)

Clinton Tink

(Acting GM Development Assessment

(alternates)

- Director Development & Environment

- Development Assessment Planner

P

P

P

P

P

 

Key: P =  Present

         A  =  Absent With Apology

         =  Absent Without Apology

 

 

 


Development Assessment Panel Meeting

Wednesday 27 February 2019

 

Items of Business

 

 

Item       Subject                                                                                                      Page

 

01           Acknowledgement of Country............................................................................ 8

02           Apologies......................................................................................................... 8

03           Confirmation of Minutes.................................................................................... 8

04           Disclosures of Interest..................................................................................... 13

05           DA2019 - 008.1 Exhibition Home - Lot 20 DP1230717, No 8 Seaside Drive, Lake Cathie 17

06           DA2018 - 1041.1 Alterations and Additions to Dwelling Including a Clause 4.6 Variation to Clause 4.3 (Height Of Buildings) of the Port Macquarie Hastings Local Environmental Plan 2011 - Lot 18 DP 31187, No.23 Bourne Street, Port Macquarie............................................... 35

07           DA2018 - 1058.1 - Continued Use of Alterations and Additions to Dwelling (Unit 4) as part of Multi Dwelling Housing Development - Lot 3 DP 1214081, No. 114 Greenmeadows Drive, Port Macquarie....................................................................................................... 70

08           DA2018 - 599.1 - Use of Existing Dwelling for Tourist and Visitor Accommodation - Lot 9 DP 234920, No.118 Camden Head Road, Dunbogan............................................. 105

09           DA2018 - 1104.1 - Two Dwellings - Lots 8 and 9 DP 271152, No 3  Pennant Lane, Port Macquarie..................................................................................................................... 157  

10           General Business

 


AGENDA                                              Development Assessment Panel      27/02/2019

Item:          01

Subject:     ACKNOWLEDGEMENT OF COUNTRY

 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

 

 

Item:          02

Subject:     APOLOGIES

 

RECOMMENDATION

That the apologies received be accepted.

 

 

Item:          03

Subject:     CONFIRMATION OF PREVIOUS MINUTES

Recommendation

That the Minutes of the Development Assessment Panel Meeting held on 13 February 2019 be confirmed.

 


MINUTES

Development Assessment Panel Meeting

                                                                                                                                  13/02/2019

 

 

 

 

PRESENT

 

Members:

Paul Drake

Robert Hussey

Dan Croft

 

Other Attendees:

Ben Roberts

Caroline Horan

Jon Power

Anna Stricker

Michael Roberts

 

 

 

The meeting opened at 2:00pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

 

 

02       APOLOGIES

Nil.

 

 

03       CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Development Assessment Panel Meeting held on 23 January 2019 be confirmed.

 

 

04      DISCLOSURES OF INTEREST

 

There were no disclosures of interest presented.

 

05       DA 2018 - 1033.1 Alterations and Additions to Dwelling - Lot 11 DP 22923, No. 102 Settlement Point Road, Port Macquarie

Speakers:

Nick Lawton (o)

Craig Maltman (applicant)

 

CONSENSUS:

That DA 2018 - 1033 for Dwelling Alterations and Additions at Lot 11, DP 22923, No. 102 Settlement Point Road, Port Macquarie be determined by granting consent subject to the recommended conditions.

 

 

06       DA2018 - 353.1 Commercial Premises and Tourist and Visitor Accommodation with Clause 4.6 variation to Clause 4.3 (Height of Buildings) and Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 123 DP 1219042, No. 17 Clarence Street, Port Macquarie

Speakers:

Suzy Berry (o)

Andrew Thompson (o)

Brett Avery (o)

Wayne Ellis (applicant)

David Pensini (applicant)

 

 

THE PANEL WAS UNABLE TO REACH CONSENSUS.

 

Robert Hussey put forward the following motion:

 

That DA2018 – 353 be refused on the grounds that:

  1. insufficient on-site car parking has been provided (deficit of 21 spaces) as required by the Port Macquarie-Hastings Development Control Plan 2013. In the context of this proposed tourist development located within an area with time limited parking the public interest would not be well served by allowing such a significant shortfall in parking spaces on site, or offsetting this number of spaces via the contribution plan.
  2. The proposed turning movements at the reception area are unreasonably compromised and should be redesigned to avoid regular interruption to the in-out vehicular movements by the 3-point turn.

 

FOR: Robert Hussey

AGAINST: Paul Drake and Dan Croft

 

The dissenting recommendation was:

 

That DA2018 – 353 be deferred to allow the applicant to readdress non-compliance with development standards and provide further evidence to support parking provision on site so as to avoid significant dependence on contribution offsets.

 

 

07       DA2018 - 519.1 Ancillary Building - Pergola Lot 33 DP 1069338, 76 The Anchorage Port Macquarie

The Chair tabled a submission from Traelee Stewart objecting to the proposal

 

Speakers:

Paula Stone (applicant).

 

 

CONSENSUS:

That DA 2018 – 519.1 for an ancillary building - pergola at Lot 33, DP 1069338, No. 76 The Anchorage, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

  1. Delete condition B(2)

 

 

08       DA2018 - 863 Part Change of Use to Bed and Breakfast Establishment, Lot 3 DP 805503, No. 14 Warrigal Ridge Sancrox

CONSENSUS:

That DA 2018/863.1 for a Part Change of Use to Bed and Breakfast Establishment at Lot 3, DP 805503, No. 14 Warrigal Ridge, Sancrox, be determined by granting a deferred commencement consent requiring the following to be satisfied within 12 months:

1.   All requirements of the Building Code of Australia, the NSW Rural Fire Service, the report prepared by Tim Mecham submitted with the application and the required building modification works to the ground floor level are to be completed to the satisfaction of Council prior to the premises being used as a bed and breakfast establishment.

 

 

09       DA2018 - 933.1 Alterations and Additions to Dwelling - Lot 8 DP 844137, No. 1A Banksia Avenue, Bonny Hills

Speaker :

Lisa Munro (applicant)

 

 

CONSENSUS:

 

That DA 2018 – 933.1 for alterations and additions to dwelling at Lot 8 DP844137, No.1A Banksia Avenue, Bonny Hills be determined by granting consent subject to the recommended conditions and as amended below:

 

1.   Additional condition in Section B of the consent to read: ‘Prior to  release of the Construction Certificate, the plans are to be amended to delete the upper floor deck (external staircase still permitted).

 

 

10       GENERAL BUSINESS

Nil.

 

 

 

The meeting closed at 3:11pm.

 

 

 

 

 


AGENDA                                              Development Assessment Panel      27/02/2019

Item:          04

Subject:     DISCLOSURES OF INTEREST

 

RECOMMENDATION

 

That Disclosures of Interest be presented

 

DISCLOSURE OF INTEREST DECLARATION

 

 

Name of Meeting:     ………………………………………………………………………..

 

Meeting Date:           ………………………………………………………………………..

 

Item Number:            ………………………………………………………………………..

 

Subject:                      ………………………………………………………………………..

                                    …………………………………………………….……………...…..

 

 

I, ..................................................................................... declare the following interest:

 

 

        Pecuniary:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

 

        Non-Pecuniary - Significant Interest:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

        Non-Pecuniary - Less than Significant Interest:

              May participate in consideration and voting.

 

 

For the reason that:  ....................................................................................................

 

.......................................................................................................................................

 

Name:  …………………………………………………….

 

Signed:  .........................................................................  Date:  ..................................

 

 

Growth Bar b&w(Further explanation is provided on the next page)


 

Further Explanation

(Local Government Act and Code of Conduct)

 

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

 

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

 

Pecuniary Interest

 

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

 

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

 

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting.  The Council official must not be present at, or  in sight of, the meeting of the Council at any time during which the matter is being considered or discussed, or at any time during which the council is voting on any question in relation to the matter.  (section 451)

 

Non-Pecuniary

 

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

 

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

 

The political views of a Councillor do not constitute a private interest.

 

The management of a non-pecuniary interest will depend on whether or not it is significant.

 

Non Pecuniary – Significant Interest

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:

(a)   A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household.

(b)   Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

(c)   An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

 

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:

1.     Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

2.     Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

 

Non Pecuniary – Less than Significant Interest

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

 

 

By

[insert full name of councillor]

 

 

In the matter of

[insert name of environmental planning instrument]

 

 

Which is to be considered at a meeting of the

[insert name of meeting]

 

 

Held on

[insert date of meeting]

 

 

PECUNIARY INTEREST

 

 

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)i

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

 

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).

 

Associated person of councillor has interest in the land.

 

Associated company or body of councillor has interest in the land.

 

MATTER GIVING RISE TO PECUNIARY INTEREST

 

 

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land iii

[Tick or cross one box]

 

The identified land.

 

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 

Appreciable financial gain.

 

Appreciable financial loss.

 

 

 

Councillor’s Name:  …………………………………………

 

Councillor’s Signature:  ……………………………….   Date:  ………………..


 

 

Important Information

 

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993.  You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular.  Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made.   The completed form must be tabled at the meeting.  Everyone is entitled to inspect it.  The special disclosure must be recorded in the minutes of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i.   Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relativeiv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

ii.  Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

iii.   A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest..

iv.   Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

 

 

 


AGENDA                                              Development Assessment Panel      27/02/2019

 

 

Item:          05

 

Subject:     DA2019 - 008.1 Exhibition Home - Lot 20 DP1230717, No 8 Seaside Drive, Lake Cathie

Report Author: Fiona Tierney

 

 

 

Applicant:               Perry Homes (Aust) Pty Ltd

Owner:                    Rapview Investments

Estimated Cost:     $380,000

Parcel no:               68195

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That DA 2019 - 008 for an Exhibition Home at Lot 20, DP 1230717, No. 8 Seaside Drive, Lake Cathie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a development application for an exhibition home at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, one (1) submission has been received.

 

 

1.       BACKGROUND

 

Existing sites features and Surrounding development

 

The site has an area of 514.8m2.

 

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/REST/TempFiles/EBP%20Layout.jpg?guid=41c96a39-191b-4510-9326-67c02d02803a&contentType=image%2Fjpeg 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph:

 

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Construction of exhibition home

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    8 January 2019 - Application lodged with Council

·    17-31 January 2019 –Exhibition period

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument:

 

State Environmental Planning Policy No.55 – Remediation of Land

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

Given the nature of the proposed development and proposed stormwater controls the proposal will be unlikely to have any adverse impact on existing aquaculture industries.

State Environmental Planning Policy No. 64 – Advertising and Signage

 

In accordance with clause 7, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

 

Details of a 5m free-standing pole sign is proposed on the plans.

The following assessment table provides an assessment checklist against the Schedule 1 requirements of this SEPP:

 

Applicable clauses for consideration

Comments

Satisfactory

Clause 8(a) Consistent with objectives of the policy as set out in Clause 3(1)(a).

The signage is limited to 3 sign details with dimensions of 1.7m 2 each in size. The size and limiting signage to its purpose satisfies the objectives of this policy.

Yes

Schedule 1(1) Character of the area.

No adverse streetscape or character impacts can be identified to this new light industrial estate.

Yes

Schedule 1(2) Special areas.

The sign is not in a special area

N/A

Schedule 1(3) Views and vistas.

No adverse impacts to any views or vistas can be identified.

Yes

Schedule 1(4) Streetscape, setting or landscape.

No adverse streetscape impacts can be identified.

Yes

Schedule 1(5) Site and building.

The sign is a moderately sized freestanding sign at the front of the site proposed which is appropriate.

Yes

Schedule 1(6) Associated devices and logos with advertisements and advertising structures.

The content of the signage is Perry Homes Exhibition home branding for identifying the use.

Yes

Schedule 1(7) Illumination.

No illumination is proposed.

N/A

Schedule 1(7) Safety.

No safety issues for travelling public can be identified with the location and size of the signage.

Yes

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A BASIX certificate has been submitted demonstrating that the proposal will comply with the requirements of the SEPP.  It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

Port Macquarie-Hastings Local Environmental Plan 2011

The proposal is consistent with the LEP having regard to the following:

·          Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the exhibition home (which will in the future be converted to a single dwelling house is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

 

o    To provide for the housing needs of the community.

o    To provide for a variety of housing types and densities.

o    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·                      

In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives as it is a permissible landuse and consistent with the established residential locality.

 

·        Clause 4.3 - the maximum overall height of the building above ground level (existing) is 5.25 m which complies with the standard height limit of 8.5 m applying to the site.

·        Clause 4.4 - the floor space ratio of the proposal is 0.35:1.0 which complies with the maximum 0.65:1 floor space ratio applying to the site.

·        Clause 5.9 - No listed trees in Development Control Plan 2013 are proposed to be removed.

·        Clause 5.10 – Heritage. The site does not contain or adjoin any known heritage items or sites of significance.

·        Clause 7.9 - The site is subject to acoustic controls.  The noise report for the subdivision provides that category 2 noise construction is required for this lot. A condition has been applied requiring Construction Certificate plans to nominate category 2 noise construction.

·        Clause 7.13, satisfactory arrangements are in place for provision of essential services.

 

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development

 

Requirements

Proposed

Complies

3.2.2.2

Articulation zone:

Min. 3m front setback

An entry feature or portico

A balcony, deck, patio, pergola, terrace or verandah

A window box treatment

A bay window or similar feature

An awning or other feature over a window

A sun shading feature

 

 

 

Yes

Front setback (Residential not R5 zone):

Min. 6.0m classified road

Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot

Min. 3.0m secondary road

Min. 2.0m laneway

 

 

 

4.8m setback.

 

 

 

Yes

3.2.2.3

Garage 5.5m min. and 1m behind front façade.

Garage door recessed behind building line or eaves/overhangs provided

Garage is setback 6.041m and recessed behind building line.

Yes

6m max. width of garage door/s and 50% max. width of building

4.8m garage door width. <50% of street frontage.

Yes

Driveway crossover 1/3 max. of site frontage and max. 5.0m width

4m crossover. <1/3 of site frontage.

Yes

Garage and driveway provided on each frontage for dual occupancy on corner lot

Not a corner block.

N/A

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

5.2m rear setback

No*

3.2.2.5

Side setbacks:

Ground floor = min. 0.9m

First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min.

Building wall set in and out every 12m by 0.5m

Single Storey

1m south side setback

2.7m north side setback

 

Adequate articulation provided.

 

Yes

Yes

 

 

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

>35m2 of private open space provided with a directly accessible outdoor living area from the dining and family rooms.

Yes

3.2.2.10

Privacy:

Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

No adverse privacy impacts identified. Single storey with 1.8m high dividing fence will provide for privacy between dwellings.

Yes

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

Adequate casual surveillance available

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

1m max cut and fill.

Yes

2.3.3.2

1m max. height retaining walls along road frontage

No retaining along road frontage proposed.

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

1m max height proposed.

Yes

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

N/A

N/A

2.3.3.8

Removal of hollow bearing trees

No tree removal proposed.

N/A

2.6.3.1

Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)

No tree removal proposed.

N/A

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

Yes

2.5.3.2

New accesses not permitted from arterial or distributor roads

None proposed.

N/A

Driveway crossing/s minimal in number and width including maximising street parking

Single crossover.

Yes

2.5.3.3

Parking in accordance with Table 2.5.1.

1 space per single dwelling (behind building line)

Double garage provided.

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

N/A

2.5.3.12 and 2.5.3.13

Landscaping of parking areas

Landscaping acceptable.

Yes

2.5.3.14

Sealed driveway surfaces unless justified

To be sealed.

Yes

2.5.3.15 and 2.5.3.16

Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length

Capable of compliance.

Yes

2.5.3.17

Parking areas to be designed to avoid concentrations of water runoff on the surface.

Acceptable.

Yes

Vehicle washing facilities – grassed area etc available.

Acceptable.

Yes

 

(iiia)  Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

No planning agreement has been offered or entered into relating to the site.

 

iv)     Any matters prescribed by the Regulations:

 

New South Wales Coastal Policy:

 

Complies with the objectives.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

Context and setting

·        The proposal is unlikely to have any adverse impacts on existing adjoining properties and satisfactorily addresses the public domain.

·        The proposal is considered to be consistent with other residential development in the locality and adequately addresses planning controls for the area.

·        There is no adverse impact on existing view sharing.

·        There is no adverse privacy impacts.

·        There is no adverse overshadowing impacts. The proposal does not prevent adjoining properties from receiving 3 hours of sunlight to private open space and primary living areas on 21 June.

Access, transport and traffic

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

 

Water Supply

Service available – details required with S.68 application.

 

Sewer

Service available – details required with S.68 application.

 

Stormwater

Service available – details required with S.68 application

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

This site does not contain or adjoin any known heritage item or site of significance.

 

Other land resources

No adverse impacts anticipated. The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle.

 

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction.

 

Air and microclimate

The construction and/or operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution.

 

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna.  Section 5A of the Act is considered to be satisfied.

 

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated.

 

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX.

 

Noise and vibration

No adverse impacts anticipated. Condition recommended to restrict construction to standard construction hours. Category building 2 construction required to meet acceptable internal noise levels from road traffic noise.

 

Bushfire

The site is not identified as being bushfire prone. Nos specific bushfire measures required.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area.

 

Social impacts in the locality

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts.

 

Economic impact in the locality

No adverse impacts. Likely positive impacts can be attributed to the construction of the development and associated flow on effects (ie increased expenditure in the area).

 

Site design and internal design

The proposed development design is satisfactorily responds to the site attributes and will fit into the locality. No adverse impacts likely.

 

Construction

No potential adverse impacts identified to neighbouring properties with the construction of the proposal.

 

Cumulative Impacts

The proposed development is not expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality.

 

(c)     The suitability of the site for the development:

The proposal will fit into the locality and the site attributes are conducive to the proposed development.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

One (1) written submissions have been received following public exhibition of the application.

 

Key issues raised in the submissions received and comments in response to these issues are provided as follows:

Submission Issue/Summary

Planning Comment/Response

Lack of parking- development likely to generate large numbers of vehicles

Use is a temporary use. Parking is available onsite- double stacked car parking in driveway on street during time as use for exhibition home and double garage when it reverts to use as a single dwelling. Traffic generation and parking demand from the development is unlikely to create undue impact to surrounding residential development.

 

(e)     The Public Interest:

 

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest.

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

N/A

 

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

 

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

 

 

Attachments

 

1View. DA2019 - 8.1 Recommended Conditions

2View. DA2019 - 8.1 Plans

 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


 


AGENDA                                              Development Assessment Panel      27/02/2019

 

 

Item:          06

 

Subject:     DA2018 - 1041.1 Alterations and Additions to Dwelling Including a Clause 4.6 Variation to Clause 4.3 (Height Of Buildings) of the Port Macquarie Hastings Local Environmental Plan 2011 - Lot 18 DP 31187, No.23 Bourne Street, Port Macquarie

Report Author: Fiona Tierney

 

 

 

Applicant:               C P & A J Hickey

Owner:                    C P & A J Hickey

Estimated Cost:     $370,000

Parcel no:               2522

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That DA 2018 – 1041.1 for alterations and additions to an existing dwelling including Clause 4.6 variation to Clause 4.3 (height of buildings) of the Port Macquarie Hastings Local Environmental Plan 2011 at Lot 18, DP 31187, No. 23 Bourne Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a development application for alterations and additions to an existing dwelling at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, four (4) submissions have been received.

 

This report recommends approval of the development application and support for the clause 4.6 variation subject to the recommended conditions

 

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has an area of 613.4m2.

 

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

https://staffmaps.pmhc.nsw.gov.au/Geocortex/Essentials/REST/TempFiles/EBP%20Layout.jpg?guid=896d067a-7d9f-4278-b689-85f234ccf5e6&contentType=image%2Fjpeg 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph:

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Demolition of existing roof over garage.

·    Construction of additional level over garage and living area

·    Extension of deck to the rear

·    The front of the dwelling, when viewed from the street, complies with the 8.5m height limit

·    As a result of the above, a Clause 4.6 variation is proposed to Clause 4.3 (Height of Buildings) of Port Macquarie-Hastings Local Environmental Plan 2011.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    4 December 2018- Application lodged

·    2-21January 2019  (plus an additional 10 days granted for late submission)– Neighbour notification

·    19 December 2018- Amended plans submitted- additional clarity detail

·    29 February 2019- Height poles installed

·    1 February 2019- onsite meeting draftsman- assess privacy impacts and view height poles

·    6 February 2019- on site meeting to assess view loss for each objector

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

There is no Koala Plan of Management on the site. Additionally, the site is less than 1ha in area therefore no further investigations are required.

State Environmental Planning Policy No.55 – Remediation of Land

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

State Environmental Planning Policy (Coastal Management) 2018 and Clause 5.5 of Port Macquarie-Hastings Local Environmental Plan 2011

 

The site is located within a coastal use area / coastal environment area.

 

In accordance with clause 7, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

 

Having regard to clauses 13 and 14 of the SEPP and clause 5.5 of the Port Macquarie-Hastings LEP 2011 the proposed development is not considered likely to result in any of the following:

 

a)  any adverse impact on integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment;

b)  any adverse impacts coastal environmental values and natural coastal processes;

c)  any adverse impacts on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

d)  any adverse impact on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

e)  any adverse impact on Aboriginal cultural heritage, practices and places;

f)  any adverse impacts on the cultural and built environment heritage;

g)  any adverse impacts the use of the surf zone;

h)  any adverse impact on the visual amenity and scenic qualities of the coast, including coastal headlands;

i)   overshadowing, wind funnelling and the loss of views from public places to foreshores;

 

The bulk, scale and size of the proposed development is compatible with the surrounding coastal and built environment. The site is in an established residential area.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A BASIX certificate has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage

 

Port Macquarie-Hastings Local Environmental Plan 2011

The proposal is consistent with the LEP having regard to the following:

·        Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the dwelling (or ancillary structure to a dwelling) is a permissible landuse with consent.

·        The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

o To provide for a variety of housing types and densities.

o To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·        In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives as it is a permissible landuse, contributes to housing variety and is sufficiently consistent with the existing residential locality

·        Clause 2.7, the demolition requires consent as it does not fit within the provisions of SEPP (Exempt and Complying) 2008.

·        Clause 4.3, the maximum overall height of the building above ground level (existing) is 9.35m which does not comply with the standard height limit of 8.5m applying to the site.

·        Clause 4.4, the floor space ratio of the proposal is 0.416:1.0 which complies with the maximum 1:1 floor space ratio applying to the site.

·        Clause 4.6 – The application seeks to vary the 8.5 metre height limit identified under Clause 4.3 of the LEP. Clause 4.3, this clause establishes the maximum “height of a building” (or building height) that a building may be built to on any parcel of land. The term “building height (or height of building)” is defined in the LEP to mean “the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like”. The term “ground level (existing)” is also defined in the LEP to mean “the existing level of a site at any point”.

 

          The building height limit for the site is identified on the Height of Buildings Map as being 8.5m. The proposed development (new works) exceed the height by 0.85m, which represents a variation of 10%. Refer to the attached elevation plans, which demonstrate the areas of the building that exceed the height limit.

 

          In considering the height variation, compliance with the objectives of Clause 4.3 of the LEP have been considered below:

 

(a)  To ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

 

Comment:

·                    The locality and Bourne Street are characterised by a number of dwellings with similar heights, due mainly to the steepness of the land.

 

          Key aspects of this proposal are:

-     The dwelling still presents as a single storey dwelling to the street/public domain given it is set well below street level.

-     The variation in height occurs central to the building where the original lower floor level (at the time the dwelling was originally constructed) was excavated well into the site. This will limit the impact on neighbours as the central height will not be visible.

 

          Based on the above, the proposed height, bulk and scale of the development is considered compatible with the existing and future character of the locality.

 

(b)  To minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,

 

Comment:

          The visual impact of the building is considered satisfactory for the following reasons:

-     The main variations are located behind the facades of the building and are therefore less distinct.

-     The variations are minor in the context of the existing built form and other existing height variations.

-     The building height is similar to the existing dwellings in the area and will therefore not be visually dominant.

-     The variation is created by the land sloping steeply away from the street.

 

          View impacts and solar access are considered elsewhere in this report under ‘View Sharing’ and ‘Overshadowing’. The proposed development and minor height variation do not create any adverse view loss or significant additional overshadowing.

 

          Potential privacy impacts are considered under the relevant DCP provisions below and have been satisfactorily addressed in the building design.

 

(c)  To minimise the adverse impact of development on heritage conservation areas and heritage items,

 

Comment:

          The site does not contain any known heritage items or sites of significance.

 

          (d)  To nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan.

 

Comment:

The proposed height is consistent with other dwellings in the area. The variation does not compromise this intent of the standard.

 

In addition to the above, the applicant has lodged a written request in accordance with Clause 4.6 of the LEP objecting to the 8.5m building height standard applying to the site.

·        

Proposed front elevation with existing roof line marked in red hashed line.

 

 

Section through indicating existing and natural ground levels.

In accordance with the provisions of sub-clause 4.6(3), the Applicant has requested that compliance with the building height provisions identified under Clause 4.3 is unreasonable and unnecessary in the circumstances of this case, for the following reasons:

-     Having regard to the other dwellings in this locality, it is considered that the proposed building is compatible with the height, bulk and scale of the existing and likely future character of this locality. Whilst the existing design has followed the slope of the land, a small area of the roof now technically exceeds the 8.5m height due to heights being calculated from existing ground level and not natural ground level.

The existing sub floor area was excavated with more than the required under floor minimum requirements, which has consequently made the overall height taken from this point slightly higher than the defined height limit.

At the natural ground level on the exterior of the dwelling, the proposed design would be under the 8.5m at the highest point and therefore compliant. It is only the over excavated area under the subfloor of the existing dwelling that presents the exceeded height limit in a very small area.

-     With the steep nature of the site and surrounding properties, the proposed occupies a similar or less bulk and scale than recently renovated neighbouring properties. The shadow diagrams also demonstrate that the proposed dwelling will not adversely impact on overshadowing, including the additional height. For a number of the properties it can be argued that there is a net view gain due to a lowering of the roof on one side.

 

-     Compliance with the development standard is unnecessary as the areas of the roof which vary the height standard do not impact on overshadowing, view lines, or perceptions of building bulk and scale.

·            

·           In addition to the above, the following is noted:

-      The primary bulk of the building is contained within the 8.5m height limit.

-      The extent of the height is limited to only a maximum 0.85m or 10% above the 8.5m standard.

·            

·                     For the above reasons, the objection is considered to be well founded and it is recommended that the variation be supported.

·                      

·                     In accordance with the Department of Planning and Environment Circular PS 08-014, the proposal includes variations to the LEP which is not greater than 10% and therefore can be determined under delegated authority (Development Assessment Panel has delegations to determine).  A report will be required to be made to an Ordinary meeting of Council to advise of the clause 4.6 variation should consent be granted.

·                      

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development

 

Requirements

Proposed

Complies

3.2.2.2

Articulation zone:

•  Min. 3m front setback

•  An entry feature or portico

•  A balcony, deck, patio, pergola, terrace or verandah

•  A window box treatment

•  A bay window or similar feature

•  An awning or other feature over a window

•  A sun shading feature

No encroachments within the articulation zone

Yes

Front setback (Residential not R5 zone):

•  Min. 4.5m local road

The minimum setback is 7.4m.

Yes

3.2.2.3

Garage 5.5m min. and 1m behind front façade.

Garage door recessed behind building line or eaves/overhangs provided

The garage door is accessed from the side angle and is located below street level. Garage does not dominate the street frontage. Garage door will technically be 1m behind outermost point.

Yes

6m max. width of garage door/s and 50% max. width of building

Not located within front elevation

N/A

Driveway crossover 1/3 max. of site frontage and max. 5.0m width

Existing.

Yes

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

7.286m rear setback

Yes

3.2.2.5

Side setbacks:

•  Ground floor = min. 0.9m

•  First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min.

•  Building wall set in and out every 12m by 0.5m

Existing side setbacks

 

Yes

Yes

 

 

 

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

Existing

Yes

3.2.2.7

Front fences:

•  If solid 1.2m max height and front setback 1.0m  with landscaping

•  3x3m min. splay for corner sites

•  Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings

•  0.9x0.9m splays adjoining driveway entrances

•  Front fences and walls to have complimentary materials to context

No front fences proposed

Yes

3.2.2.10

Privacy:

•  Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

•  Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

•  Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

Existing. Topography of the site results in overlooking of properties below. Small extension of rear deck area proposed. No significant additional impact on current privacy impact level. Applicant has planted bamboo and other vegetation to increase privacy screening. Also added frosting to balcony glass panels that limit vision from a seated position and from within the living areas of the house.

Yes

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

Adequate casual surveillance available

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Existing

Yes

2.3.3.2

1m max. height retaining walls along road frontage

Existing

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

Existing

N/A

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

N/A

 

2.3.3.8

Removal of hollow bearing trees

No hollow bearing trees identified for removal.

Yes

2.6.3.1

Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)

 

N/A

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

 

Yes

2.5.3.2

New accesses not permitted from arterial or distributor roads

N/A

 

Driveway crossing/s minimal in number and width including maximising street parking

Existing

Yes

2.5.3.3

Parking in accordance with Table 2.5.1.

1 space per single dwelling (behind building line)

Existing

Yes

2.5.3.11

Section 94 contributions

N/A

 

2.5.3.12 and 2.5.3.13

Landscaping of parking areas

Single dwelling. Landscaping indicatively shown in the front setback area.

Yes

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveway proposed

Yes

2.5.3.15 and 2.5.3.16

Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length

Existing

Yes

2.5.3.17

Parking areas to be designed to avoid concentrations of water runoff on the surface.

Existing

Yes

Vehicle washing facilities – grassed area etc available.

Existing

N/A

 

(iiia)  Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

 

No planning agreement has been offered or entered into relating to the site.

 

iv)     Any matters prescribed by the Regulations:

 

New South Wales Coastal Policy:

 

The proposed development is consistent with the objectives and strategic actions of this policy.

 

Demolition of buildings AS 2601:

 

Demolition of the existing parts of the building on the site is capable of compliance with this Australian Standard and is recommended to be conditioned.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

 

 

Context and setting

•        The proposal will be unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain.

•        The proposal is considered to be sufficiently consistent with other residential development in the locality and adequately addresses planning controls for the area including justifiable variations to the Building Height and other Development Provisions under Development Control Plan 2013.

•        There are no identifiable adverse privacy impacts having regard to recommended development provisions of Development Control Plan 2013, the design of the new building’s primarily living areas and the privacy screening and plantings proposed.

•        There no significant additional overshadowing impacts. The proposal does not prevent adjoining properties from receiving 3 hours of sunlight to a reasonable area of private open space and primary living area on 21 June. It is difficult to maintain access to all private open space areas due to self -shadowing, topography and fencing. It is considered the addition is appropriate in the circumstances

 

View sharing

During the neighbour notification period concerns surrounding view loss were raised by  a number of neighbours opposite and to the south of the subject development at nos 18,20 and 26 Bourne Street.

 

The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for its own enjoyment. (Taking it all away cannot be called view sharing, although it may, in some circumstances, be quite reasonable.)

 

Using the planning principles of NSW Land and Environment Court in Tenacity Consulting v Warringah 2004 NSW LEC 140, the following comments are provided in regard to the view impacts using the 4 step process to establish whether the view sharing is acceptable.

 

Step 1

Assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.   

 

Comments:

No. 18 Bourne Street enjoys views along the coast with glimpses of land/water interface and beach. This view is to be valuable and extensive. The significance of this view is considered to be high.

 

No 20 Bourne Street enjoy views similar views along the coast. The significance of this view is considered to be high.

 

No 26 Bourne Street also enjoys similar views, however they also have iconic views of the Tacking Point Lighthouse that are significant in a local sense.

 

Step 2

Consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

Comments:

Affected views from No.18 Bourne Street are obtained from the upper habitable levels which are the primary living areas. Views are obtained from both a sitting and standing position

 

A photo of the view from the primary living area on the upper level looking across the development site towards the Pacific Ocean is shown below.

 

 

Affected views from No.20 Bourne Street are obtained from the upper habitable levels which are the primary living areas. Views are obtained from both a sitting and standing position.

 

A photo of the view from the primary living area on the upper level looking across the development site towards the Pacific Ocean is shown below. Also shown is indicative view loss from within living area.

 

 

 

 

Affected views from No.26 Bourne Street are obtained from the upper habitable levels which are the primary living areas and a third level bedroom. Views are obtained from both a sitting and standing position. Iconic Lighthouse views are obtained from the external balcony.

 

A photo of the view from the upper level looking up the street across the development site towards the Pacific Ocean is shown below.

 

 

Step 3

Assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Comments:

The extent of the impact upon the views enjoyed from No.18 Bourne Street is considered minor and would potentially increase the available view due to the change in roof shape that will now be angled lower on the southern side. It is appreciated that some concern exists that there will be an accumulative erosion of the view from the North Western side of Bourne Street. The view is quite extensive and some comfort must be taken in that a number of houses have been more recently renovated/extended so some certainty will exist for some time that significant views will be maintained. Due to the topography of the site and the view loss sensitivity views are unlikely to devastating as the elevations closest to the street are generally single storey.

 

The extent of impact upon the views enjoyed from No. 20 Bourne Street is slightly more given the view is across the site and the works will extend toward the street. It is however still considered minor in that the percentage of vegetation and ocean lost over the subject site is minimal relative to the entire view available to the property.

The extent of impact upon the views form No. 26 Bourne Street are negligible. Looking some distance up the street across the development site a small portion of distant outcrop of vegetation will be obscured.

 

Step 4

Assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

Comments:

The majority of the proposal complies with the maximum building height of 8.5m set for the area. There are non-compliances with the provisions of DCP 2013 and in part the LEP building height, however none of these matters would have any impact on view sharing as they relate to prior cut to the site that is below natural ground level and so is in keeping with the existing character, bulk and scale of the existing area.

 

It is considered that the applicant has considered the impacts of their proposal on dwellings opposite as they have largely maintained their works within the existing roof profile leaving the northern lower roof largely untouched and maintaining the existing view corridors across the majority of the site.

 

Access, transport and traffic

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

 

Water Supply

Service available – details required with S.68 application.

 

Sewer

Service available – details required with S.68 application.

 

Stormwater

Service available to existing– details required with S.68 application

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

This site does not contain or adjoin any known heritage item or site of significance.

 

Other land resources

No adverse impacts anticipated. The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle.

 

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction.

 

Air and microclimate

The construction and/or operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution.

 

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna.  Section 5A of the Act is considered to be satisfied.

 

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated.

 

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX.

 

Noise and vibration

No adverse impacts anticipated. Condition recommended to restrict construction to standard construction hours.

 

Bushfire

The site is identified as being bushfire prone.

 

The applicant has submitted a bushfire BAL certificate report prepared by a Certified Consultant. The report recommends a BAL level of 12.5.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The primary access to the dwelling is available from both the garage floor level and the adjoining public pathway.

 

Social impacts in the locality

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts.

 

Economic impact in the locality

No adverse impacts. Likely positive impacts can be attributed to the construction of the development and associated flow on effects (ie increased expenditure in the area).

 

Site design and internal design

The proposed development design is satisfactorily responds to the site attributes and will fit into the locality. No adverse impacts likely.

 

Construction

No potential adverse impacts identified to neighbouring properties with the construction of the proposal.

 

Cumulative Impacts

 

The proposed development is not expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality

 

(c)     The suitability of the site for the development:

 

The proposal will fit into the locality and the site attributes are conducive to the proposed development.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

Four (4) written submissions have been received following public exhibition of the application.

 

Key issues raised in the submissions received and comments in response to these issues are provided as follows:

 

Submission Issue/Summary

Planning Comment/Response

Details and measurements are unclear.

The applicant has provided additional details and Council officers have met the applicant and objectors on site to assist in interpretation. Height poles have also been installed to enable a visual indication of likely impacts.

 

The applicant has also provided a surveyors plan that provides certified levels and points on the adjoining roof that provides greater certainty that claims made in relation to view loss are reasonably accurate.

Solar panel installation

Owner has advised that panels will be installed flush with roof and that they are willing to relocate them to the eastern roof. Neighbour concerns related to concerns that panels would be placed on props that would increase the impact on view loss.

Colour of roof cladding

Applicant has advised that the colour will be a midrange colour such as Woodland grey. Neighbour concerns relate to glare from white roof colours.

Over the regulated height- 3 storeys should not be permissible.

3 Storey dwellings are not prohibited. Controls are centred around bulk and scale. In this instance the height is over the required 8.5m due to the height measurement being measured from the excavated existing ground level. It is not considered that the area of variation will unduly contribute to the impact of the dwelling on adjoining neighbouring properties given that the area visible to neighbours is below the height limit. 

Lack of neighbour consultation

Whilst neighbour consultation is desirable it is not always situation people feel comfortable with. The application has been formally notified and some neighbour consultation has been carried out within this process.

Out of character with surrounding area

It is considered that the development is within character and is appropriate in bulk and scale.

Privacy loss

The topography of the sites does result in overlooking to properties below.

 

The owner has submitted additional detail on how they propose to address privacy impacts. Bamboo (mature height 6-8m) Banana trees and golden cane palms.

 

Frosted panels in glass balcony panels that restrict view when seated or from within enclosed are of dwelling.

 

Timber panels have been added to existing fence after previous removal of vegetation.

 

The existing view from the rear deck is shown below. The minor extension to the existing deck will not unduly increase privacy impacts to the property below. It is noted however that significant vegetation was removed in the last 12 months that has attributed to loss of privacy. The owner has sought to re-establish screening and it is anticipated screening will return in the short term.

 

 

View from existing deck down to 129 Matthew Flinders Drive.

 

 

(e)     The Public Interest:

 

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest.

 

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

·    No development contributions are applicable as the site is an existing Council approved residential lot.

 

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

 

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

 

 

Attachments

 

1View. DA 2018 - 1041.1 Recommended Conditions

2View. DA2018 - 1041.1 SOEE

3View. DA2018 - 1041.1 Plans

 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


 


 


 


 


 


AGENDA                                              Development Assessment Panel      27/02/2019

 

 

Item:          07

 

Subject:     DA2018 - 1058.1 - Continued Use of Alterations and Additions to Dwelling (Unit 4) as part of Multi Dwelling Housing Development - Lot 3 DP 1214081, No. 114 Greenmeadows Drive, Port Macquarie

Report Author: Patrick Galbraith-Robertson

 

 

 

Applicant:               BDM Constructions Pty Ltd CARE Love Project Management

Owner:                    Phillip Jean Holdings Pty Ltd

Estimated Cost:     $10,000

Parcel no:               [parcel no]

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That DA 2018 - 1058 for the continued use of alterations and additions to dwelling (unit 4) as part of multi-dwelling housing development at Lot 3, DP 1214081, No. 114 Greenmeadows Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a Development Application for continued use of alterations additions to dwelling (unit 4) as part of multi-dwelling housing development at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, one (1) submission has been received.

 

The proposal relates to continued use of partly completed extensions to Unit 4 and completion of the works. The works have been the subject of compliance action by Council’s Compliance Division.

 

This report recommends that the development application be approved subject to the recommended conditions.

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has an area of 1095.76m2.

 

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph:

 

 

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    The addition relates to Unit 4 only and the garden bed and driveway area between Unit 4 and Unit 1. The addition will extend the living room of Unit 4 over a portion of the area which had been approved as outdoor paving. The outdoor living space of Unit 4 is then extended marginally to the north by moving the existing timber fence north. This requires a change to the garden bed adjoining Unit 1 to expand the driveway in this area to ensure vehicles and garbage trucks have adequate turning and manoeuvring area to meet Council standards.

 

 

 

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    10 December 2018 – DA lodged with Council

·    17 December 2018 to 14 January 2019 – Neighbour notification of proposal

·    29 January to 11 February 2019 – Renotification of proposal to neighbours due to administrative error with property address.

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

There is no Koala Plan of Management on the site. Additionally, the site is less than 1ha in area therefore no further investigations are required.

 

 

 

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

 

Given the nature of the proposed development and proposed stormwater controls the proposal will be unlikely to have any adverse impact on existing aquaculture industries.

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

The proposal is consistent with the LEP having regard to the following:

 

·        Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the alterations and additions to a dwelling as part of a multi-dwelling housing development is a permissible landuse with consent.

·        The objectives of the R1 zone are as follows:

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

·        In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives as it is a permissible landuse and consistent with the established residential locality.

·        Clause 4.3, the maximum overall height of the building above ground level does not change and complies with the standard height limit of 8.5m applying to the site. The additions are single storey and are below the highest roofline points on the site. See below image for reference (white is additions):

 

·        Clause 4.4, the floor space ratio of the proposal (including the subject extension to Unit 4) is 0.6:1.0 which complies with the maximum 0.65:1 floor space ratio applying to the site.

·        Clause 5.10 – Heritage. The site does not contain or adjoin any known heritage items or sites of significance.

·        Clause 7.13, satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, sewer infrastructure, stormwater drainage and suitable road access to service the development.

 

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development

 

Requirements

Proposed

Complies

3.2.2.5

Side setbacks:

Ground floor = min. 0.9m

First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min.

Building wall set in and out every 12m by 0.5m

The minimum side setback requirements are complied with.

The building wall articulation is compliant and/or satisfactory to address the objective intent of the development provision.

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

The Unit 4 dwelling contains 35m² open space in one area including a useable 4m x 4m space.

Yes

3.2.2.10

Privacy:

Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

No direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings.

No privacy screens are recommended.

 

Yes

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

No concealment or entrapment areas proposed. Adequate casual surveillance available.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut and fill <1.0m change 1m outside the perimeter of the external building walls

Yes

2.3.3.2

1m max. height retaining walls along road frontage

None proposed

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

No retaining wall likely >1m

 

Yes

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

No retaining wall front fence combination proposed.

N/A

 

(iiia)  Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

 

No planning agreement has been offered or entered into relating to the site.

 

iv)     Any matters prescribed by the Regulations:

 

New South Wales Coastal Policy:

 

The proposed development is consistent with the objectives and strategic actions of this policy.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

 

Context and setting

The proposal will be unlikely to have any adverse impacts to existing adjoining properties or the public domain.

 

The proposal is considered to be compatible with other residential development in the locality and adequately addresses planning controls for the area.

 

The proposal does not have a significant adverse impact on existing view sharing.

 

The proposal does not have significant adverse lighting impacts.

 

There are no significant adverse privacy impacts.

 

There is no adverse overshadowing impacts. The proposal does not prevent adjoining properties from receiving 3 hours of sunlight to private open space and primary living areas on 21 June.

 

Access, Traffic and Transport

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

 

Stormwater

Service available. Additional roof area can connect roof water to existing system. A condition is recommended in this regard.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

This site does not contain or adjoin any known heritage item or site of significance.

 

Other land resources

The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle.

 

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity.

 

Air and microclimate

The construction and/or operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution. Standard precautionary site management condition recommended.

 

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any native vegetation and therefore does not trigger the biodiversity offsets scheme.  Part 7 of the Biodiversity Conservation Act 2016 is considered to be satisfied.

 

Waste

No adverse impacts anticipated. Standard precautionary site management condition recommended.

 

Energy

The proposal includes measures to address energy efficiency.

 

Noise and vibration

No adverse impacts anticipated. Condition recommended to restrict construction to standard construction hours.

 

Bushfire

The site is identified as being bushfire prone.

 

An assessment of bushfire risk having regard to section 4.3.5 of Planning for Bushfire Protection 2006 including vegetation classification and slope concludes that a Bushfire Attack is a low risk. No specific Bushfire Attack Level construction measures are recommended.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The increase in housing density will improve natural surveillance within the locality and openings from each dwelling overlook common and private areas.

 

Social impacts in the locality

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts.

 

Economic impact in the locality

No adverse impacts. A likely positive impact is that the development will maintain employment in the construction industry, which will lead to flow impacts such as expenditure in the area.

 

Site design and internal design

The proposed development design satisfactorily responds to the site attributes and will fit into the locality. No adverse impacts likely.

 

Construction

No potential adverse impacts identified to neighbouring properties with the construction of the proposal.

 

Cumulative impacts

The proposed development is not expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality.

 

(c)     The suitability of the site for the development:

 

The proposal will fit into the locality and the site attributes are conducive to the proposed development.

 

Site constraints of bushfire have been adequately addressed.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

One (1) written submission has been received following public exhibition of the application.

 

Key issues raised in the submissions received and comments in response to these issues are provided as follows:

 

Submission Issue/Summary

Planning Comment/Response

The four dwellings built encroach on all neighbouring properties.

The existing development has been assessed and determined by granting approval.

The subject extension proposal has works already commenced and half completed without Council approval.

Noted.  Council’s Compliance staff have determined that either the works be removed or an application submitted for retrospective approval and completion of works. The subject DA applies for the continued use of the extension partly completed and complete the works.

The second storey is unstable due to the overhang of the building and the reason for the extension.

This is incorrect and following a site visit it is apparent that the current first floor level is structurally sound on its own without the extension.

A registered surveyor should confirm there are no encroachments with regards to the boundary line of the neighbouring 112 Greenmeadows Drive.

A site inspection has confirmed that the plan dimensions submitted with the current application are correct with no identifiable encroachments. A Surveyor is considered unnecessary to confirm the setback.

112 Greenmeadows Drive have concerns that the proposal encroaches with the allowable boundary laws.

The proposal as submitted including changes to the private open space complies with Council’s Development Control Plan 2013.

(e)     The Public Interest:

 

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest.

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

No contributions are applicable to the proposal. There are no additional new bedrooms proposed only extended internal living space for Unit 4.

 

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

 

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

 

 

Attachments

 

1View. DA2018 - 1058.1 Recommended Conditions

2View. DA2018 - 1058.1 SOEE

3View. DA2018 - 1058.1 Plans

 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


AGENDA                                              Development Assessment Panel      27/02/2019

 

 

Item:          08

 

Subject:     DA2018 - 599.1 - Use of Existing Dwelling for Tourist and Visitor Accommodation - Lot 9 DP 234920, No.118 Camden Head Road, Dunbogan

Report Author: Patrick Galbraith-Robertson

 

 

 

Applicant:               P Smith CARE David Pensini – Building and Environmental Services

Owner:                    P Smith

Estimated Cost:     $NIL

Parcel no:               3465

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That DA2018 - 599 for use of an existing dwelling for tourist and visitor accommodation at Lot 9, DP 234920, No. 118 Camden Head Road, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

This report considers a Development Application for a use of an existing dwelling for tourist and visitor accommodation at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, one (1) submission has been received.

 

This report recommends that the development application be approved subject to the recommended conditions.

 

1.       BACKGROUND

 

Previous unlawful use of the premises for tourist and visitor accommodation

 

The subject dwelling has been utilized for holiday accommodation with noise complaints to council being the catalyst for Council to request the submission of a Development Application for the tourist accommodation use.

 

Short-term holiday letting in NSW

 

There has been rapid growth in short-term holiday (STHL) letting in NSW with the emergence on online booking services. STHL is estimated to be worth $31.3 billion nationally, with NSW constituting approximately 50% of the national total.

 

In 2016, the NSW Legislative Assembly Committee on Environment and Planning conducted an enquiry into the adequacy of regulation for STHL in NSW. The NSW Government generally supports the findings and recommendation of the Parliamentary Inquiry and considers that STHL is generally acceptable in a residence. However, there is a point where STHL becomes a more intensive commercial type of use.

 

The NSW Department of Planning and Environment have released an Explanation of Intended Effect (effectively a Planning Proposal) in October 2018 although there is no firm adopted Government position on how STHL is to be managed through the planning system at this stage. However, using the principle of the Land and Environment Court in Dobrohotoff v Bennic [2013] NSWLEC 61 the proposed development could not be considered to be development for the purpose of a dwelling house. Development consent is therefore required for a change of use from a dwelling to tourist and visitor accommodation.

 

Existing sites features and surrounding development

 

The site has an area of 648.4m2.

 

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph (Nearmap 2018):

 

 

The site has a general north street frontage orientation to Camden Head Road, Dunbogan.

 

Adjoining the site to the east, south and west are existing residential dwellings.

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Change of use of the existing 4 bedroom dwelling to allow for its use for short term tourist accommodation in conjunction with the residential use and occupation of the building.

·    The owners of the property occupy the property at times. The property is occupied for approximately 25% of the time with short term accommodation accounting for 15% of occupation with the remaining 10% being owner occupied.

·    The use of the building for short term tourist accommodation is subject to a minimum three (3) night stay with a minimum Saturday to Saturday booking requirement during school holiday/peak periods.

·    The maximum occupancy of the dwelling for tourist accommodation is 10 persons.

·    Pets are not permitted on the subject property in conjunction with its proposed tourist accommodation use unless permission is given in writing from the managing agent.

·    The proposed development requires no alterations to the subject building so as to provide for a built form which is suitable for use for tourist accommodation.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    6 August 2018 – DA lodged with Council

·    9 August 2018 – Additional fees requested from Applicant

·    14 to 27 August 2018 – Neighbour notification of proposal

·    29 August 2018 – Additional fees paid by Applicant

·    30 August 2018 – Referral of proposal to the NSW Rural Fire Service for Bushfire Safety Authority

·    30 October 2018 – Bushfire Safety Authority issued by the NSW Rural Fire Service

·    6 December 2018 – Floor plans requested from Applicant

·    12 February 2019 – Floors plans received from Applicant

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

 

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

With reference to clauses 6 and 7, the subject land is less than 1 hectare (including any adjoining land under same ownership) and therefore the provisions of SEPP do not require consideration.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

 

Given the nature of the proposed development, the proposal will be unlikely to have any adverse impact on existing aquaculture industries.

State Environmental Planning Policy No. 64 – Advertising and Signage

 

No signage is proposed. A standard condition is recommended to require approval for any signage other than signage which is exempt development.

 

State Environmental Planning Policy (Coastal Management) 2018 and Clause 5.5 of Port Macquarie-Hastings Local Environmental Plan 2011

 

The site is located within a coastal use area, coastal environment area and proximity area to coastal wetlands and littoral rainforest.

 

In accordance with clause 7, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

 

Having regard to clauses 13 and 14 of the SEPP and clause 5.5 of the Port Macquarie-Hastings LEP 2011 the proposed development is not considered likely to result in any of the following:

a)  any adverse impact on integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment;

b)  any adverse impacts coastal environmental values and natural coastal processes;

c)  any adverse impacts on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

d)  any adverse impact on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

e)  any adverse impact on Aboriginal cultural heritage, practices and places;

f)  any adverse impacts on the cultural and built environment heritage;

g)  any adverse impacts the use of the surf zone;

h)  any adverse impact on the visual amenity and scenic qualities of the coast, including coastal headlands;

i)   overshadowing, wind funnelling and the loss of views from public places to foreshores;

 

The site is located within an area zoned for residential purposes and permits tourist use subject to obtaining development consent.

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

Relevant clauses of the LEP are as follows:

·    Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the proposed development is best characterised as tourist and visitor accommodation, which is permissible in the zone.

·     The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

o To provide for a variety of housing types and densities.

o To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

·     In accordance with Clause 2.3(2), the proposal is considered to be consistent with the zone objectives having regard to the following:

The existing dwelling is proposed to become short-term tourist and visitor accommodation which is a permissible landuse.

Whilst the proposal is not a facility or service intended to meet the day to day needs of residents the dwelling will provide accommodation for tourists and visitors and occasional use by owners/residents.

 

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

DCP 2013: Residential Flat Development, Tourist and Visitor Accommodation and Mixed Use Development

DCP Objective

Development Provisions

Proposed

Complies

3.3.2.4

Streetscape and front setback:

· Within 20% of the average setback of the adjoining buildings.

· 3m setback to all frontages if no adjoining development.

· 2m setback to secondary frontages.

· Max. 9m setback for tourist development to allow for swimming pool.

Existing building. However, front setback is compatible with adjoining development.

Yes

3.3.2.6

Side setbacks comply with Figure 3.3-1:

·  Min. Side setback 1.5m for 75% of building depth.

·  Windows on side walls min. 3m from side boundary.

·  3m minimum where adjacent to existing strata titled building.

Living room, bedroom, bathroom and games room windows within 3m of southern boundary.

 

It has been demonstrated that satisfactory acoustic impacts would be maintained in accordance with the objectives of the control with operating mitigation measures.

Privacy screen existing at 2 Seaview Avenue first floor deck.

No – however acceptable as existing dwelling

Min. 6m rear setback (including sub basements)

Existing building with setback less than 6m rear setback.

Yes

3.3.2.11

Deep soil zones:

·  Extend the width of the site and have minimum depth of 6m.

·  Are contiguous across sites and within sites (see Fig 3.3-4).

Adequate deep soil zone planting areas existing across entire site.

Yes

3.3.2.16

Landscape plan provided including:

·  35% soft landscaping with minimum width of 3m.

·  Existing vegetation and proposed treatment.

·  Details of hard landscaping.

·  Location of communal recreational facilities.

·  Species not to obscure doors, paths, etc.

·  Street trees in accordance with Council’s list.

Existing development includes adequate soft landscaping.

Yes

3.3.2.22

Fencing or landscaping defines public/communal and private open space.

Existing fencing and landscaping define private and public space.

Yes

3.3.2.26

Building to be designed so that:

·  Busy, noisy areas face the street.

·  Quiet areas face the side or rear of the lot.

·  Bedrooms have line of site separation of at least 3m from parking areas, streets and shared driveways.

Noisy areas face the front and rear.

Bedrooms do not require separation from driveway as dwelling intended to be let as one letting.

Yes/No – existing dwelling

 

N/A

Openings of adjacent dwellings separated by at least 6m.

Site analysis confirms that 6m separation from openings in adjacent dwellings is achieved.

No

3.3.2.28

Development complies with AS/NZS2107:2000 Acoustic – Recommended design sound levels and reverberation times for building interiors for residential development.

Existing dwelling to be used for holiday letting. No new building works proposed.

N/A

3.3.2.30

Direct views between living room windows to be screened where:

·  Ground floor windows are within 9m of windows in an adjoining dwelling.

·  Other floors are within a 12m radius.

·  Living room windows are within 12m radius of the principal area of private open space of other dwellings.

Direct views adequately screened by existing building design and southern neighbour’s privacy screening on first floor deck at 2 Seaview Avenue.

Yes

Direct views may be screened with either a 1.8m high fence or wall, or screening that has maximum 25% openings.

Existing screening at 2 Seaview Avenue satisfies these requirements.

Yes

Windows in habitable rooms screened if >1m above ground level and wall set back <3m.

Existing screening at 2 Seaview Avenue satisfies these requirements.

Yes

Balconies, decks, etc screened if <3m from boundary and floor area >3m2 and floor level >1m above ground level.

Existing balconies at 2 Seaview Avenue adequately screened.

Yes

3.3.2.46

For developments of < 6 dwellings individual waste management permitted. Designated area to be provided for storage of bins:

·  not visible from street,

·  easily accessible,

·  not adjoining private or communal space, windows or clothes drying areas,

·  on hard stand area,

·  close to street and a tap for washing,

·  maintained free of pests.

Waste storage area nominated on the submitted plans and expected to be adequate for the scale of the proposal.

 

An arrangement is in place for the bins to be placed at the kerb for collection and returned to the storage location.

Yes

 

DCP 2013: General Provisions

DCP Objective

Development Provisions

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline:

·  Casual surveillance and sightlines

·  Land use mix and activity generators

·  Definition of use and ownership

·  Lighting

·  Way finding

·  Predictable routes and entrapment locations

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Existing building. No cut or fill proposed.

Yes

2.3.3.8 onwards

Removal of hollow bearing trees

None proposed to be removed.

Yes

2.6.3.1

Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint

None proposed to be removed.

Yes

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

 

2.5.3.3

Off-street parking in accordance with Table 2.5.1

Tourist and visitor accommodation requires 1.1 spaces per unit, plus 1 space per 2 employees (onsite at any one time), plus 1 space for any onsite manager.

The proposal includes 4 guest bedrooms, but would be let out as a single dwelling rather than individual rooms. The DCP therefore only strictly requires 1.1 (rounded to 2) parking spaces as there would be no employees on site.

The dwelling has a double garage and stacked parking areas available within the driveway which are considered acceptable.

Yes

2.5.3.7

Visitor parking to be easily accessible

Parking at front of the site.

Yes

Parking in accordance with Australian Standards

Commercial developments are generally not permitted to have stacked car parking. However, given that the building would be let in its entirety and the group of guests will know each other, it is reasonable to consider that a stacked parking arrangement could work for the proposed use.

No, but acceptable

2.5.3.14

Sealed driveway surfaces unless justified

Existing driveway satisfactory.

Yes

 

Based on the above assessment, the DCP is considered to be satisfactorily addressed and the proposal does not amount to adverse impact or a significance that would justify refusal of the application.

 

(iiia)  Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

 

No planning agreement has been offered or entered into relating to the site.

 

iv)     Any matters prescribed by the Regulations:

 

NSW Coastal Policy 1997

 

The proposed development is consistent with the objectives and strategic actions of this policy. See comments earlier under Coastal Management State Environmental Planning Policy.

 

Fire Safety and other considerations – Clause 93

 

This clause requires the consent authority to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use. Consent to change the use of the building must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 1 fire safety provisions as are applicable to the building’s proposed use.

 

The change to tourist accommodation is a change from a Class 1a to a Class 1b. An Occupation Certificate will be required to be obtained within a 3 month recommended timeframe which will also require essential fire safety services. The proposed installation of lighting and smoke alarms in accordance with the Building Code of Australia as recommended by David Pensini is considered acceptable.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

 

Context and Setting

With the mitigation measures proposed to operation, the proposal will be unlikely to have any adverse impacts to existing adjoining properties or the public domain.

 

The proposal is considered to be consistent with other residential development in the locality and adequately addresses planning controls for the area.

 

The proposal does not have any identifiable significant adverse lighting impacts.

 

There are no significant adverse privacy impacts.  Adequate building separation and dwelling is proposed/existing.

 

Traffic and Transport

The site is currently approved for a dwelling house expected to generate approximately 9 daily trips. The proposed use is expected to generate more variable traffic depending on the number of vehicles used by the guests staying at the premises, and the total number of guests. The traffic associated with the use would not adversely impact the existing road network in the locality.

 

Site Frontage & Access

Vehicle access to the site is proposed via an existing driveway crossover to The Peninsula. No frontage works or changes to the existing access are proposed.

 

Parking and Manoeuvring

A total of 2 parking spaces in the garage plus stacked parking in the driveway are existing on-site. Commercial developments are generally not permitted to have stacked car parking. However, given that the building would be let in its entirety and the group of guests will know each other, it is reasonable to consider that a stacked parking arrangement could work for the proposed use.

 

It is considered that a larger commercial parking facility to AS 2890 would adversely impact the residential character of the area, and the potential for future conversion of the site back to a dwelling.

 

Noise and vibration

While it is acknowledged that the DCP does not set specific acoustic criteria for this type of development, it is not considered that the noise impacts can be deemed acceptable simply for this fact. The impacts of the development (including noise) still remain a merit consideration in the assessment of the application.

 

During the evening is when it is expected that noise generated at the premises (outside evening meals with talking/music) is most likely to cause a nuisance or disturbance to neighbours.

 

The Applicant has submitted the following justifications for the operations being restricted to previous nuisance to neighbours:

1.   The booking of accommodation is via a local real estate agent which provides for an opportunity to actively vet potential occupants of the dwelling.

2.   The use of the building for short term tourist accommodation is subject to a minimum three (3) night stay with a minimum Saturday to Saturday booking requirement during school holiday/peak periods. This ensures that one off transient ‘over-night’ stays are avoided with occupation being targeted towards families looking for a standard of accommodation which is typical of a residential setting and expectations.

3.   Rental of the property for tourist accommodation purposes is subject to strict terms and conditions which includes prohibitions on activities which maybe the cause of noise generation which would not be consistent with a residential area, refer to Appendix 1 of report.

4.   The use of a local real estate agent for the management of a property provides for reactive management, e.g. respond to complaints regarding inappropriate behaviour.

5.   Notwithstanding the availability of a managing agent, the owner of the property is available to respond to complaints regarding inappropriate behaviour.

6.   As with the permanent occupation of a dwelling inappropriate behaviour can be addressed through other regulatory mechanisms e.g. Police/local council.

 

The submitted application appropriately assess the noise impacts of the development and any mitigation measures necessary to ensure that impacts on neighbours are acceptable. Appropriate conditions are recommended.

 

Safety, security and crime prevention

There is nothing about the design of the building that would particularly facilitate crime risk in the locality.

 

Social impacts in the locality

No adverse social impacts can be identified to neighbouring properties subject to compliance with the mitigation operating measures proposed by the Applicant.

 

Economic impact in the locality

It is expected that the proposed development would have some positive economic impacts through tourism and other associated expenditure in the area by guests.

 

Site design and internal design

The existing building on the site has been designed as a permanent residential dwelling. The building setbacks are consistent with what would be expected for a dwelling, and the building layout has main living areas at the rear of the site overlooking the water. Other dwellings in the locality are designed in a similar manner with indoor and outdoor living spaces oriented to the rear.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

Following a site inspection (and a search of Council records), no known items of Aboriginal or European heritage significance exist on the property. No adverse impacts anticipated.

 

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated. Standard precautionary site management condition recommended.

 

Energy

No adverse energy usage impacts anticipated.

 

Bushfire

The site is identified as being bushfire prone.

 

In accordance with Section 100B - Rural Fires Act 1997 - the application proposes tourist accommodation on bush fire prone land. As a result, the applicant has submitted a bushfire report which has been forwarded to the NSW Rural Fire Service (RFS). The RFS have since issued a Bushfire Safety Authority, which are recommended to be incorporated into the consent.

 

Cumulative impacts

The proposed development is not expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality.

 

(c)     The suitability of the site for the development:

 

The proposal will fit into the locality and the site attributes are conducive to the proposed development.

 

Site constraints of bushfire risk have been adequately addressed and appropriate conditions of consent recommended.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

One (1) written submission has been received following public exhibition of the application.

 

Key issues raised in the submissions received and comments in response to these issues are provided as follows:

 

Submission Issue/Summary

Planning Comment/Response

Impact on 2 Seaview Avenue with regards to privacy, continual late night noise after 10pm when the property is rented out for holiday accommodation and on health, sleep and wellbeing.

Previous operating issues prior to lodgement of the DA are proposed to be resolved by new mitigation measures proposed as detailed earlier in this report.

Adjoining windows are directly opposite bedrooms of 2 Seaview Avenue.

Bedrooms and bathroom windows are difficult to protect from a privacy impact perspective.

The lounge room looks directly into the bedroom and shower cubicle of 2 Seaview Avenue.

A house of 10 people is not normal for residential family circumstances.

Agree – hence for tourist purposes this is the reason for lodgement of the DA as discussed earlier in this report.

Owners of 2 Seaview Avenue have installed privacy and noise measures into their home to mitigate against the proposal particularly the rear balcony and downstairs recreation room.

Privacy measures installed by neighbour noted and confirmed by inspection by assessing officer on-site. No adverse privacy impacts identified to warrant further mitigation measures.

 

With regard to noise impacts - previous operating issues prior to lodgement of the DA are proposed to be resolved by new mitigation operation measures proposed as detailed earlier in this report.

Laurieton Police Station is not manned at night and reliance on Port Macquarie Police for a noise complaints is difficult.

Police can still be contacted in the event of public disturbance issues.

Recommend Downstairs recreation area (garage) to have no table tennis or parties after 10pm Privacy/Noise proof wall/screen to be erected on the first 1/3 of balcony (where the portable bbq is now situated) to help reduce noise and eliminate peering eyes looking into bedroom of 2 Seaview Avenue.

Functions, parties or extra guests are not permitted as proposed under the proposed Rental Terms and Conditions management plan.

Recommend external privacy screen on the lounge room window to stop tenants looking directly into to shower and bedroom of 2 Seaview Avenue and restrict smoking on rear balcony.

Privacy measures installed by neighbour noted and confirmed by inspection by assessing officer on-site. No adverse privacy impacts identified to warrant further mitigation measures.

(e)     The Public Interest:

 

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest.

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

No contributions are applicable to the proposal.

 

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

 

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

 

 

Attachments

 

1View. DA 2018 - 599.1 Recommended Conditions

2View. DA2018 - 599.1 Bushfire Safety Authority

3View. DA2018 - 599.1 SOEE

4View. DA2018 - 599.1 Plans

 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


AGENDA                                              Development Assessment Panel      27/02/2019

 

 

Item:          09

 

Subject:     DA2018 - 1104.1 - Two Dwellings - Lots 8 and 9 DP 271152, No 3  Pennant Lane, Port Macquarie

Report Author: Patrick Galbraith-Robertson

 

 

 

lApplicant:              Love Project Management

Owner:                    Richmond Horizons Pty Ltd & AR & PA Richmond

Estimated Cost:     $630,000

Parcel no:               67678 & 67679

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That DA2018 - 1104 for two dwellings at Lots 8 & 9, DP 271152, No. 3 Pennant Lane, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

This report considers a Development Application for two dwellings at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, one (1) submissions have been received.

 

Post exhibition - Lot 9 dwelling has been amended during the assessment of the DA to increase the south side setback from a minimum 2.48m to a minimum 3m for the 2 storey section of the building. A 3m setback is compliant with the DCP.

 

This report recommends that the development application be approved subject to the recommended conditions.

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The sites have individual areas of 443.3m2 and 389.86m2.

 

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph (nearmap October 2018 without property boundaries):

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Two dwellings – 1 dwelling on Lot 8 and 1 dwelling on Lot 9

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    20 December 2018 – DA lodged with Council.

·    7 to 21 January 2019 – Neighbour notification of proposal

·    30 January 2019 – Additional information requested from Applicant – submission and assessment issues

·    15 February 2019 – Additional information received from Applicant including amended plans for Lot 9 dwelling

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

(a)     The provisions (where applicable) of:

(i)      Ay Environmental Planning Instrument:

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

There is no Koala Plan of Management on the site. Additionally, the site is less than 1ha in area therefore no further investigations are required.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

 

Given the nature of the proposed development and proposed stormwater controls the proposal will be unlikely to have any adverse impact on existing aquaculture industries.

 

State Environmental Planning Policy (Coastal Management) 2018 and Clause 5.5 of Port Macquarie-Hastings Local Environmental Plan 2011

 

The site is located within a proximity area to a mapped coastal wetland to the south of the site.

 

In accordance with clause 7, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

 

Having regard to clauses 13 and 14 of the SEPP and clause 5.5 of the Port Macquarie-Hastings LEP 2011 the proposed development is not considered likely to result in any of the following:

a)  any adverse impact on integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment;

b)  any adverse impacts coastal environmental values and natural coastal processes;

c)  any adverse impacts on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

d)  any adverse impact on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

e)  any adverse impact on Aboriginal cultural heritage, practices and places;

f)  any adverse impacts on the cultural and built environment heritage;

g)  any adverse impacts the use of the surf zone;

h)  any adverse impact on the visual amenity and scenic qualities of the coast, including coastal headlands;

i)   overshadowing, wind funneling and the loss of views from public places to foreshores;

 

The bulk, scale and size of the proposed development is compatible with the surrounding coastal and existing built environment. The site is cleared and located within an area zoned for residential purposes.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

BASIX certificates have been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

The proposal is consistent with the LEP having regard to the following:

·     Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the dwellings (or ancillary structures to the dwellings) are a permissible landuse with consent.

·     The objectives of the R1 zone are as follows:

o   To provide for the housing needs of the community.

o   To provide for a variety of housing types and densities.

o   To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

·     In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives as it is a permissible landuse and consistent with the established residential locality.

·     Clause 4.3, the maximum overall height of the buildings above ground level (existing) are approximately 6.83m (Lot 9) and 5.64m (Lot 8) which complies with the standard height limit of 8.5m applying to the sites.

·     Clause 4.4, the floor space ratios of the proposals are 0.49:1 (Lot 9) and 0.4:1.0 (Lot 8) which complies with the maximum 0.65:1 floor space ratio applying to the sites.

·     Clause 5.5 - Development within the coastal zone - relevant objectives of this clause are addressed by SEPP (Coastal Management) 2018 section (see above).

·     Clause 5.10 – Heritage. The site does not contain or adjoin any known heritage items or sites of significance.

·        Clause 7.13, satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, sewer infrastructure, stormwater drainage and suitable road access to service the development.

 

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development

 

Requirements

Proposed

Complies

3.2.2.1

Ancillary development:

4.8m max. height

Single storey

60m2 max. area

100m2 for lots >900m2

24 degree max. roof pitch

Not located in front setback

Water tanks are appropriately located.

 

Yes

3.2.2.2

Articulation zone:

Min. 3m front setback

An entry feature or portico

A balcony, deck, patio, pergola, terrace or verandah

A window box treatment

A bay window or similar feature

An awning or other feature over a window

A sun shading feature

The Lot 9 dwelling contains an alfresco post and porch within the articulation zone. These structures do not exceed 25% of the articulation zone and are setback 3m.

 

Yes

Front setback (Residential not R5 zone):

Min. 6.0m classified road

Min. 4.5m local road

Min. 3.0m secondary road

Min. 2.0m Laneway

Lot 8 fronts a private road – Pennant Lane as part of a community title development.

Lot 9 is a corner lot which fronts a private road Pennant Lane as part of a community title development (secondary frontage) and a primary road frontage to Horizons Parkway.

 

Front building line setback is unable to comply with the minimum 4.5m primary front setback requirement with a section of the building at a minimum 3.96m (note articulation zone permits the porch and alfresco post forward of the primary building line to a minimum 3m).

Yes

 

 

 

 

 

 

 

 

 

No*

 

 

 

 

3.2.2.3

Garage 5.5m min. and 1m behind front façade.

Garage door recessed behind building line or eaves/overhangs provided

Garage door setbacks are compliant with the minimum front setback requirements.

Garage door recessed.

Yes

 

 

6m max. width of garage door/s and 50% max. width of building

Width of garage door/s are compliant with the maximum width requirements

Yes

Driveway crossover 1/3 max. of site frontage and max. 5.0m width

Driveway crossing/s width are compliant with the maximum width requirements

Yes

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

The rear setback requirements are complied with – Lot 8 only as Lot 9 is a corner lot.

Yes

3.2.2.5

Side setbacks:

Ground floor = min. 0.9m

First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min.

Building wall set in and out every 12m by 0.5m

The minimum side setback requirements are complied with.

The building wall articulation is compliant and/or satisfactory to address the objective intent of the development provision.

Lot 9 dwelling has been amended during the assessment of the DA to increase the south side setback from a minimum 2.48m to a minimum 3m for the 2 storey section of the building. A 3m setback is compliant with the DCP.

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

The dwelling contains 35m² open space in one area including a useable 4m x 4m space.

Yes

3.2.2.7

Front fences:

If solid 1.2m max height and front setback 1.0m  with landscaping

3x3m min. splay for corner sites

Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings

0.9x0.9m splays adjoining driveway entrances

The proposed front fence design for Lot 9 is considered to meet the fencing provisions and objectives of DCP 2013. No adverse impacts will occur.

 

Yes

3.2.2.8

Front fences and walls to have complimentary materials to context

No chain wire, solid timber, masonry or solid steel front fences

Front fences and walls to have complimentary materials to context

 

Yes

3.2.2.10

Privacy:

Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

No direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings.

Lot 9 dwelling first floor only has bedroom windows on the southern elevation.

Lot 8 dwelling first floor only has bathroom and bedroom windows in the southern elevation.

No privacy screens are recommended.

 

Yes

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

No concealment or entrapment areas proposed. Adequate casual surveillance available.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut and fill <1.0m change 1m outside the perimeter of the external building walls

Yes

2.3.3.2

1m max. height retaining walls along road frontage

None proposed

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

No retaining wall likely >1m

 

Condition recommended to require engineering certification given proximity of retaining walls to boundaries

Yes + condition recommended

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

No retaining wall front fence combination proposed.

N/A

2.5.3.2

New accesses not permitted from arterial or distributor roads

No new access proposed to arterial or distribution road.

N/A

Driveway crossing/s minimal in number and width including maximising street parking

Driveway crossing minimal in width including maximising street parking

Yes

2.5.3.3

Parking in accordance with Table 2.5.1.

1 space per single dwelling (behind building line)

1 or capacity for more than 1 parking space behind the building line has been provided for each dwelling.

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

 

2.5.3.12 and 2.5.3.13

Landscaping of parking areas

Single dwellings only with 1 domestic driveway/dwelling. No specific landscaping requirements recommended.

N/A

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveway proposed

Yes

2.5.3.15 and 2.5.3.16

Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length

Driveway grades capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit

Yes

2.5.3.17

Parking areas to be designed to avoid concentrations of water runoff on the surface.

Single dwelling only with 1 domestic driveway. Stormwater drainage is capable of being managed as part of plumbing construction.

Yes

 

The proposal seeks to vary Development Provision relating to the primary building line setback for the Lot 9 dwelling with a small corner of the building setback 3.961m from Horizons Parkway.

 

The relevant objectives are:

·    Front setbacks should support an attractive streetscape.

 

Having regard for the development provisions and relevant objectives, the variation is considered acceptable for the following reasons:

·    The encroachment is minor at 0.5m within the standard 4.5m setback and limited to 1 corner of the building only.

·    The section of building relates to a single storey part of the new building which is behind a proposed front fence, the northern part of the building is cut into the site lower than the streets and the variation will not be readily apparent from either Horizon’s Parkway or Pennant Lane.

·    The subject corner of the building is behind the articulation zone features.

·    The secondary setback is greater than the minimum 3m minimum standard.

·    No adverse impacts to the existing streetscape can be identified.

·    The subject section of street along Horizons Parkway between Crestwood Drive and Pennant Lane is limited to 2 properties with no discernible setback line.

·    The building is well articulated as presented to the street frontage.

 

Based on the above assessment, the variation proposed to the provisions of the DCP is considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variation does not amount to an adverse impact or a significance that would justify refusal of the application.

 

(iiia)  Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

 

No planning agreement has been offered or entered into relating to the site.

 

iv)     Any matters prescribed by the Regulations:

 

NSW Coastal Policy 1997

 

The proposed development is consistent with the objectives and strategic actions of this policy.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

 

Context and Setting

The proposal will be unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain.

 

The proposal is considered to be compatible with other residential development in the locality and adequately addresses planning controls for the area.

 

The proposal does not have a significant adverse impact on existing view sharing.

 

The proposal does not have significant adverse lighting impacts.

 

There are no significant adverse privacy impacts.

 

There are no identifiable adverse overshadowing impacts given compliance of the amended proposal with the minimum 3m side setback provision of Development Control Plan 2013. Satisfactory amended plans including shadow diagrams have been submitted demonstrating that the neighbouring dwellings to the south experience a certain degree of overshadowing in mid-winter to private open space and assumed living areas due to the existing level difference and boundary fencing proposed/existing.

 

Access, Traffic and Transport

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

 

Water Supply Connection

Service available – details required with S.68 application.

 

Sewer Connection

Service available – details required with S.68 application.

 

Stormwater

Service available – details required with S.68 application.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

This site does not contain or adjoin any known heritage item or site of significance.

 

Other land resources

The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle.

 

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction.

 

Air and microclimate

The construction and/or operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution. Standard precautionary site management condition recommended.

 

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any native vegetation and therefore does not trigger the biodiversity offsets scheme.  Part 7 of the Biodiversity Conservation Act 2016 is considered to be satisfied.

 

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated. Standard precautionary site management condition recommended.

 

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX.

 

Noise and vibration

No adverse impacts anticipated. Condition recommended to restrict construction to standard construction hours.

 

Bushfire

The site is identified as being bushfire prone.

 

An assessment of bushfire risk having regard to section 4.3.5 of Planning for Bushfire Protection 2006 including vegetation classification and slope concludes that a Bushfire Attack Level 12.5 shall be required.

 

Management of bushfire risk is acceptable subject to BAL construction levels being implemented and APZ being maintained. An appropriate condition is recommended.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The increase in housing density will improve natural surveillance within the locality and openings from each dwelling overlook common and private areas.

 

Social impacts in the locality

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts.

 

Economic impact in the locality

No adverse impacts. A likely positive impact is that the development will maintain employment in the construction industry, which will lead to flow impacts such as expenditure in the area.

 

Site design and internal design

The proposed development design satisfactorily responds to the site attributes and will fit into the locality. No adverse impacts likely.

 

Construction

No potential adverse impacts identified to neighbouring properties with the construction of the proposal.

 

Cumulative impacts

The proposed development is not expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality.

 

(c)     The suitability of the site for the development:

 

The proposal will fit into the locality and the site attributes are conducive to the proposed development.

 

Site constraints of bushfire/flooding have been adequately addressed and appropriate conditions of consent recommended.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

One (1) written submission has been received following public exhibition of the application.

 

Key issues raised in the submissions received and comments in response to these issues are provided as follows:

 

Submission Issue/Summary

Planning Comment/Response

The plans show that the 3 Pennant Lane/Lot 9 dwelling will be approximately 2m from the boundary of 74 Crestwood Drive.

Post exhibition - Lot 9 dwelling has been amended during the assessment of the DA to increase the south side setback from a minimum 2.48m to a minimum 3m for the 2 storey section of the building. A 3m south side setback is compliant with the side setback provisions of DCP.

The dwelling at 1 Pennant Lane/Lot 9 is too close to the rear/side boundary of 74 Crestwood Drive which will create issues of light, sun, privacy and noise.

The Lot 9 site is a corner lot with no rear boundary technically. A 3m south side setback is compliant with the side setback provisions of DCP.

No direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings.

Lot 9 dwelling first floor only has bedroom windows on the southern elevation.

There are no identifiable adverse overshadowing impacts given compliance of the amended proposal with the minimum 3m side setback provision of Development Control Plan 2013. Satisfactory amended plans including shadow diagrams have been submitted demonstrating that the neighbouring dwellings to the south experience a certain degree of overshadowing in mid-winter to private open space and assumed living areas due to the existing level difference and boundary fencing proposed/existing.

The setback of Lot 8 dwelling is greater than the Lot 9 dwelling at approximately 4m which is a satisfactory outcome.

Setback of this Lot 8 is noted which has a rear setback development control applying to it in difference to the Lot 9 dwelling on a corner lot.

(e)     The Public Interest:

 

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest.

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

No development contributions applicable. The two dwellings are proposed on two existing residential lots with no dwellings proposed or approved on them.

 

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

 

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

 

Attachments

 

1View. DA2018 - 1104.1 Recommended Conditions

2View. DA 2018 - 1104.1 Plans

 


  ATTACHMENT

Development Assessment Panel

27/02/2019

 


 


 


  ATTACHMENT

Development Assessment Panel

27/02/2019